Missouri Revised Statutes













Chapter 444

Rights and Duties of Miners and Mine Owners

←444.773

Section 444.774.1

444.775→

August 28, 2015

Reclamation requirements and conditions.

444.774. 1. Every operator to whom a permit is issued pursuant to the

provisions of sections 444.760 to 444.790 may engage in surface mining upon

the lands described in the permit upon the performance of and subject to the

following requirements with respect to such lands:



(1) All ridges and peaks of overburden created by surface mining, except

areas meeting the qualifications of subdivision (4) of this subsection, or

where washing, cleaning or retaining ponds and reservoirs may be formed under

subdivision (2) of this subsection, shall be graded to a rolling topography

traversable by farm machinery, but such slopes need not be reduced to less

than the original grade of that area prior to mining, and the slope of the

ridge of overburden resulting from a box cut need not be reduced to less than

twenty-five degrees from horizontal whenever the same cannot be practically

incorporated into the land reclaimed for wildlife purposes pursuant to

subdivision (4) of this subsection. In surface mining the operator shall

remove all debris and materials not allowed by the reclamation plan before

the bond or any portion thereof may be released;



(2) As a means of controlling damaging erosion, the director may require

the operator to construct terraces or use such other measures and techniques

as are necessary to control soil erosion and siltation on reclaimed land.

Such erosion control measures and techniques may also be required on

overburden stockpiles if the erosion is causing environmental damage outside

the permit area. In determining the grading requirements to restore barite

pit areas, the sidewalls of the excavation shall be graded to a point where

it blends with the surrounding countryside, but in no case should the contour

be such that erosion and siltation be increased;



(3) In the surface mining of tar sands, the operator shall recover and

collect all spent sands and other refuse yielded from the processing of tar

sands, whether such spent sands and refuse are produced at the surface mine or

elsewhere, in the manner prescribed by the commission as conditions of the

permit, and shall finally dispose of such spent sands and refuse in the

manner prescribed by the commission as conditions of the permit and in

accordance with the provisions of sections 444.760 to 444.790;



(4) Up to and including twenty-five percent of the total acreage to be

reclaimed each year need not be graded to a rolling topography if the land is

reclaimed for wildlife purposes as required by the commission, except that

all peaks and ridges shall be leveled off to a minimum width of thirty feet or

one-half the diameter of the base of the pile at the original ground surface

whichever is less;



(5) Surface mining operations that remove and do not replace the lateral

support shall not, unless mutually agreed upon by the operator and the

adjacent property owner, remove the lateral support in the vicinity of any

established right-of-way line of any public road, street or highway closer

than a distance equal to twenty-five feet plus one and one-half times the

depth of the unconsolidated material from such right-of-way line to the

beginning of the excavation; except that, unless granted a variance by the

commission, the minimum distance is fifty feet. The provisions of this

subdivision shall apply to all existing surface mining operations beginning

August 28, 1990, except as provided in subsection 3 of section 444.770;



(6) If surface mining is or has been conducted up to the minimum

distance as defined in subdivision (5) of this subsection along an

established right-of-way line of any public road, street or highway, a

barrier or berm of adequate height shall be placed or constructed along the

perimeter of the excavation. Adequate height shall mean a height of no less

than three feet. Such barriers or berms shall not be required if barriers,

berms or guardrails already exist on the adjoining right-of-way. Barriers or

berms of adequate height may also be required by the commission when surface

mining is or has been conducted up to the minimum distance as defined in

subdivision (5) of this subsection along other property lines, but only as

necessary to mitigate serious and obvious threats to public safety;



(7) The operator may construct earth dams to form lakes in pits

resulting from the final cut in a mining area; except that, the formation of

the lakes shall not interfere with underground or other mining operations or

damage adjoining property and shall comply with the requirements of

subdivision (8) of this subsection;



(8) The operator shall cover the exposed face of a mineral seam where

acid-forming materials are present to a depth of not less than two feet with

earth that will support plant life or with a permanent water impoundment,

terraced or otherwise so constructed as to prevent a constant inflow of water

from any stream and to prevent surface water from flowing into such

impoundment in such amounts as will cause runoff or spillage from said

impoundment in a volume which will cause kills of fish or animals downstream.

The operator shall cover an exposed deposit of tar sands, including an

exposed face thereof, to a depth of not less than two feet with earth that

will support plant life, and in addition may cover such deposit or face with

a permanent water impoundment as provided above; however, no water

impoundment shall be so constructed as to allow a permanent layer of oil or

other hydrocarbon to collect on the surface of such impoundment in an amount

which will adversely affect fish, wildfowl and other wildlife in or upon such

impoundment;



(9) The operator shall reclaim all affected lands except as otherwise

provided in sections 444.760 to 444.790. The operator shall determine on

company-owned land, and with the landowners on leased land for leases that

are entered into after August 28, 1990, which parts of the affected land shall

be reclaimed for forest, pasture, crop, horticultural, homesite,

recreational, industrial or other use including food, shelter, and ground

cover for wildlife;



(10) The operator, with the approval of the commission, shall sow, set

out or plant upon the affected land, seeds, plants, cuttings of trees,

shrubs, grasses or legumes. The plantings or seedings shall be appropriate

to the type of reclamation designated by the operator on company-owned land

and with the owner on leased land for leases entered into after August 28,

1990, and shall be based upon sound agronomic and forestry principles;



(11) Surface mining operations conducted in the flood plains of streams

and rivers, and subject to periodic flooding, may be exempt from the grading

requirements contained in this section if it can be demonstrated to the

commission that such operations will be unsafe to pursue or ineffective in

achieving reclamation required in this section because of the periodic

flooding;



(12) Such other requirements as the commission may prescribe by rule or

regulation to conform with the purposes and requirements of sections 444.760

to 444.790.



2. An operator shall commence the reclamation of the area of land

affected by its operation as soon as possible after the completion of surface

mining of viable mineral reserves in any portion of the permit area in

accordance with the plan of reclamation required by subsection 9 of section

444.772, the rules and regulations of the commission, and the conditions of

the permit. Grading shall be completed within twelve months after mining of

viable mineral reserves is complete in that portion of the permit area based

on the operator's prior mining practices at that site. Mining shall not be

deemed complete if the operator can provide credible evidence to the director

that viable mineral reserves are present. The seeding and planting of

supporting vegetation, as provided in the reclamation plan, shall be

completed within twenty-four months after with mining has been completed

survival of such supporting vegetation by the second growing season.



3. With the approval of the director, the operator may substitute for all

or any part of the affected land to be reclaimed an equal number of acres of

land previously mined and not reclaimed. If any area is so substituted the

operator shall submit a map and reclamation plan of the substituted area, and

this map and reclamation plan shall conform to all requirements with respect

to other maps and reclamation plan required by section 444.772. The operator

shall be relieved of all obligations pursuant to sections 444.760 to 444.790

with respect to the land for which substitution has been permitted. On

leased land, the landowner shall grant written approval to the operator for

substitutions made pursuant to this subsection.



4. The operator shall file a report with the commission within sixty days

after the date of expiration of a permit stating the exact number of acres of

land affected by the operation, the extent of the reclamation already

accomplished, and such other information as may be required by the commission.



5. The operator shall ensure that all affected land where vegetation is

to be reestablished is covered with enough topsoil or other approved material

in order to provide a proper rooting medium. No topsoil or other approved

material is required to be placed on areas described in subdivision (4) of

subsection 1 of this section or on any areas to be reclaimed for industrial

uses as specified in the reclamation plan.



6. The commission may grant such additional time for meeting with the

completion dates required by sections 444.760 to 444.790 as are necessary due

to an act of God, war, strike, riot, catastrophe, or other good cause shown.



(L. 1971 H.B. 519 § 7, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453, A.L.

2009 H.B. 246)





2001

1991



2001



444.774. 1. Every operator to whom a permit is issued pursuant to

the provisions of sections 444.760 to 444.790 may engage in surface mining

upon the lands described in the permit upon the performance of and subject

to the following requirements with respect to such lands:



(1) All ridges and peaks of overburden created by surface mining,

except areas meeting the qualifications of subdivision (4) of this

subsection, or where washing, cleaning or retaining ponds and reservoirs

may be formed under subdivision (2) of this subsection, shall be graded to

a rolling topography traversable by farm machinery, but such slopes need

not be reduced to less than the original grade of that area prior to

mining, and the slope of the ridge of overburden resulting from a box cut

need not be reduced to less than twenty-five degrees from horizontal

whenever the same cannot be practically incorporated into the land

reclaimed for wildlife purposes pursuant to subdivision (4) of this

subsection. In surface mining the operator shall remove all debris and

materials not allowed by the reclamation plan before the bond or any

portion thereof may be released;



(2) As a means of controlling damaging erosion, the director may

require the operator to construct terraces or use such other measures and

techniques as are necessary to control soil erosion and siltation on

reclaimed land. Such erosion control measures and techniques may also be

required on overburden stockpiles if the erosion is causing environmental

damage outside the permit area. In determining the grading requirements to

restore barite pit areas, the sidewalls of the excavation shall be graded

to a point where it blends with the surrounding countryside, but in no case

should the contour be such that erosion and siltation be increased;



(3) In the surface mining of tar sands, the operator shall recover

and collect all spent sands and other refuse yielded from the processing of

tar sands, whether such spent sands and refuse are produced at the surface

mine or elsewhere, in the manner prescribed by the commission as conditions

of the permit, and shall finally dispose of such spent sands and refuse in

the manner prescribed by the commission as conditions of the permit and in

accordance with the provisions of sections 444.760 to 444.790;



(4) Up to and including twenty-five percent of the total acreage to

be reclaimed each year need not be graded to a rolling topography if the

land is reclaimed for wildlife purposes as required by the commission,

except that all peaks and ridges shall be leveled off to a minimum width of

thirty feet or one-half the diameter of the base of the pile at the

original ground surface whichever is less;



(5) Surface mining operations that remove and do not replace the

lateral support shall not, unless mutually agreed upon by the operator and

the adjacent property owner, remove the lateral support in the vicinity of

any established right-of-way line of any public road, street or highway

closer than a distance equal to twenty-five feet plus one and one-half

times the depth of the unconsolidated material from such right-of-way line

to the beginning of the excavation; except that, unless granted a variance

by the commission, the minimum distance is fifty feet. The provisions of

this subdivision shall apply to all existing surface mining operations

beginning August 28, 1990, except as provided in subsection 2 of section

444.770;



(6) If surface mining is or has been conducted up to the minimum

distance as defined in subdivision (5) of this subsection along an

established right-of-way line of any public road, street or highway, a

barrier or berm of adequate height shall be placed or constructed along the

perimeter of the excavation. Adequate height shall mean a height of no

less than three feet. Such barriers or berms shall not be required if

barriers, berms or guardrails already exist on the adjoining right-of-way.

Barriers or berms of adequate height may also be required by the commission

when surface mining is or has been conducted up to the minimum distance as

defined in subdivision (5) of this subsection along other property lines,

but only as necessary to mitigate serious and obvious threats to public

safety;



(7) The operator may construct earth dams to form lakes in pits

resulting from the final cut in a mining area; except that, the formation

of the lakes shall not interfere with underground or other mining

operations or damage adjoining property and shall comply with the

requirements of subdivision (8) of this subsection;



(8) The operator shall cover the exposed face of a mineral seam where

acid-forming materials are present, to a depth of not less than two feet

with earth that will support plant life or with a permanent water

impoundment, terraced or otherwise so constructed as to prevent a constant

inflow of water from any stream and to prevent surface water from flowing

into such impoundment in such amounts as will cause runoff or spillage from

said impoundment in a volume which will cause kills of fish or animals

downstream. The operator shall cover an exposed deposit of tar sands,

including an exposed face thereof, to a depth of not less than two feet

with earth that will support plant life, and in addition may cover such

deposit or face with a permanent water impoundment as provided above;

however, no water impoundment shall be so constructed as to allow a

permanent layer of oil or other hydrocarbon to collect on the surface of

such impoundment in an amount which will adversely affect fish, wildfowl

and other wildlife in or upon such impoundment;



(9) The operator shall reclaim all affected lands except as otherwise

provided in sections 444.760 to 444.790. The operator shall determine on

company-owned land, and with the landowners on leased land for leases that

are entered into after August 28, 1990, which parts of the affected land

shall be reclaimed for forest, pasture, crop, horticultural, homesite,

recreational, industrial or other use including food, shelter, and ground

cover for wildlife;



(10) The operator, with the approval of the commission, shall sow,

set out or plant upon the affected land, seeds, plants, cuttings of trees,

shrubs, grasses or legumes. The plantings or seedings shall be appropriate

to the type of reclamation designated by the operator on company-owned land

and with the owner on leased land for leases entered into after August 28,

1990, and shall be based upon sound agronomic and forestry principles;



(11) Surface mining operations conducted in the flood plains of

streams and rivers, and subject to periodic flooding, may be exempt from

the grading requirements contained in this section if it can be

demonstrated to the commission that such operations will be unsafe to

pursue or ineffective in achieving reclamation required in this section

because of the periodic flooding;



(12) Such other requirements as the commission may prescribe by rule

or regulation to conform with the purposes and requirements of sections

444.760 to 444.790.



2. An operator shall commence the reclamation of the area of land

affected by its operation as soon as possible after the completion of

surface mining of viable mineral reserves in any portion of the permit area

in accordance with the plan of reclamation required by subsection 9 of

section 444.772, the rules and regulations of the commission, and the

conditions of the permit. Grading shall be completed within twelve months

after mining of viable mineral reserves is complete in that portion of the

permit area based on the operator's prior mining practices at that site.

Mining shall not be deemed complete if the operator can provide credible

evidence to the director that viable mineral reserves are present. The

seeding and planting of supporting vegetation, as provided in the

reclamation plan, shall be completed within twenty-four months after with

mining has been completed survival of such supporting vegetation by the

second growing season.



3. With the approval of the director, the operator may substitute for

all or any part of the affected land to be reclaimed, an equal number of

acres of land previously mined and not reclaimed. If any area is so

substituted the operator shall submit a map and reclamation plan of the

substituted area, and this map and reclamation plan shall conform to all

requirements with respect to other maps and reclamation plan required by

section 444.772. The operator shall be relieved of all obligations

pursuant to sections 444.760 to 444.790 with respect to the land for which

substitution has been permitted. On leased land, the landowner shall grant

written approval to the operator for substitutions made pursuant to this

subsection.



4. The operator shall file a report with the commission within sixty

days after the date of expiration of a permit stating the exact number of

acres of land affected by the operation, the extent of the reclamation

already accomplished, and such other information as may be required by the

commission.



5. The operator shall ensure that all affected land where vegetation

is to be reestablished is covered with enough topsoil or other approved

material in order to provide a proper rooting medium. No topsoil or other

approved material is required to be placed on areas described in

subdivision (4) of subsection 1 of this section or on any areas to be

reclaimed for industrial uses as specified in the reclamation plan.



6. The commission may grant such additional time for meeting with the

completion dates required by sections 444.760 to 444.790 as are necessary

due to an act of God, war, strike, riot, catastrophe, or other good cause

shown.



1991



444.774. 1. Every operator to whom a permit is issued

pursuant to the provisions of sections 444.760 to 444.789 may

engage in surface mining upon the lands described in the permit

upon the performance of and subject to the following

requirements with respect to such lands:



(1) All ridges and peaks of overburden created by surface

mining, except areas where lakes may be formed under subdivision

(7) of subsection 1 of this section, or where washing, cleaning

or retaining ponds and reservoirs may be formed under

subdivision (2) of subsection 1 of this section, shall be graded

to a rolling topography traversable by farm machinery, but such

slopes need not be reduced to less than the original grade of

that area prior to mining, and the slope of the ridge of

overburden resulting from a box cut need not be reduced to less

than twenty-five degrees from horizontal whenever the same

cannot be practically incorporated into the land reclaimed for

wildlife purposes under subdivision (4) of subsection 1 of this

section. In surface mining the operator shall remove all debris

and materials not allowed by the reclamation plan before the

bond or any portion thereof may be released;



(2) As a means of controlling damaging runoff, the

commission may require the operator to construct terraces or use

such other measures and techniques as are necessary to control

soil erosion and siltation on reclaimed land. In determining

the grading requirements to restore barite pit areas, the

sidewalls of the excavation shall be graded to a point where it

blends with the surrounding countryside, but in no case should

the contour be such that erosion and siltation be increased;



(3) In the surface mining of tar sands, the operator shall

recover and collect all spent sands and other refuse yielded

from the processing of tar sands, whether such spent sands and

refuse are produced at the surface mine or elsewhere, in the

manner prescribed by the commission as conditions of the permit,

and shall finally dispose of such spent sands and refuse in the

manner prescribed by the commission as conditions of the permit

and in accordance with the provisions of sections 444.760 to

444.789;



(4) Up to and including twenty-five percent of the total

acreage to be reclaimed each year need not be graded to a

rolling topography if the land is reclaimed for wildlife

purposes as required by the commission, except that all peaks

and ridges shall be leveled off to a minimum width of thirty

feet or one-half the diameter of the base of the pile at the

original ground surface whichever is less;



(5) Surface mining operations that remove and do not

replace the lateral support shall not, unless mutually agreed

upon by the operator and the adjacent property owner, remove the

lateral support in the vicinity of any established right-of-way

line of any public road, street or highway closer than a

distance equal to twenty-five feet plus one and one-half times

the depth of the unconsolidated material from such right-of-way

line to the beginning of the excavation; except that, unless

granted a variance by the commission, the minimum distance is

fifty feet. The provisions of this subdivision shall apply to

all existing surface mining operations beginning August 28,

1990, except as provided in subsection 2 of section 444.770;



(6) If surface mining is or has been conducted up to the

minimum distance as defined in subdivision (5) of subsection 1

of this section along an established right-of-way line of any

public road, street or highway, a barrier or berm of adequate

height shall be placed or constructed along the perimeter of the

excavation. Adequate height shall mean a height of no less than

three feet. Such barriers or berms shall not be required if

barriers, berms or guardrails already exist on the adjoining

right-of-way. Barriers or berms of adequate height may also be

required by the commission when surface mining is or has been

conducted up to the minimum distance as defined in subdivision

(5) of subsection 1 of this section along other property lines,

but only as necessary to mitigate serious and obvious threats

to public safety;



(7) The operator may construct earth dams to form lakes in

pits resulting from the final cut in a mining area; except that,

the formation of the lakes shall not interfere with underground

or other mining operations or damage adjoining property and

shall comply with the requirements of subdivision (8) of

subsection 1 of this section;



(8) The operator shall cover the exposed face of a mineral

seam where acid forming materials are present, to a depth of not

less than two feet with earth that will support plant life or

with a permanent water impoundment, terraced or otherwise so

constructed as to prevent a constant inflow of water from any

stream and to prevent surface water from flowing into such

impoundment in such amounts as will cause runoff or spillage

from said impoundment in a volume which will cause kills of fish

or animals downstream. The operator shall cover an exposed

deposit of tar sands, including an exposed face thereof, to a

depth of not less than two feet with earth that will support

plant life, and in addition may cover such deposit or face with

a permanent water impoundment as provided above; however, no

water impoundment shall be so constructed as to allow a

permanent layer of oil or other hydrocarbon to collect on the

surface of such impoundment in an amount which will adversely

affect fish, wildfowl and other wildlife in or upon such

impoundment;



(9) The operator shall reclaim all affected lands except as

otherwise provided in sections 444.760 to 444.789. The operator

shall determine on company-owned land, and with the landowners

on leased land for leases that are entered into after August 28,

1990, which parts of the affected land shall be reclaimed for

forest, pasture, crop, horticultural, homesite, recreational,

industrial or other use including food, shelter, and ground

cover for wildlife;



(10) The operator, with the approval of the commission,

shall sow, set out or plant upon the affected land, seeds,

plants, cuttings of trees, shrubs, grasses or legumes. The

plantings or seedings shall be appropriate to the type of

reclamation designated by the operator on company-owned land and

with the owner on leased land for leases entered into after

August 28, 1990, and shall be based upon sound agronomic and

forestry principles;



(11) Surface mining operations conducted in the flood

plains of streams and rivers, and subject to periodic flooding,

may be exempt from the grading requirements contained in this

section if it can be demonstrated to the commission that such

operations will be unsafe to pursue or ineffective in achieving

reclamation required in this section because of the periodic

flooding;



(12) Such other requirements as the commission may

prescribe by rule or regulation to conform with the purposes and

requirements of sections 444.760 to 444.789.



2. An operator shall commence the reclamation of the area

of land affected by its operation as soon as possible after the

beginning of surface mining of that area in accordance with the

plan of reclamation required by sections 444.760 to 444.789, the

rules and regulations of the commission, and the conditions of

the permit; and shall complete grading within twelve months

after the expiration date of the permit. The seeding and

planting of supporting vegetation shall be completed within

twenty-four months after the expiration date of the permit with

survival of such supporting vegetation by the second growing

season.



3. With the approval of the commission, the operator may

substitute for all or any part of the affected land to be

reclaimed, an equal number of acres of land previously mined and

not reclaimed. If any area is so substituted the operator shall

submit a map of the substituted area, and this map shall conform

to all requirements with respect to other maps required by

section 444.772. The operator shall be relieved of all

obligations under sections 444.760 to 444.789 with respect to

the land for which substitution has been permitted.



4. The operator shall file a report with the commission

within sixty days after the date of expiration of a permit

stating the exact number of acres of land affected by the

operation, the extent of the reclamation already accomplished,

and such other information as may be required by the commission.



5. The operator shall ensure that all affected land where

vegetation is to be reestablished is covered with enough topsoil

or other approved material in order to provide a proper rooting

medium.



6. The commission may grant such additional time for

meeting with the completion dates required by sections 444.760

to 444.789 as are necessary due to an act of God, war, strike,

riot, catastrophe, or other good cause shown.



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